The Aimster service contained several additional features that ultimately proved relevant
to the analysis of copyright infringement. First, located for a time on Aimster’s web site was a
utility called “Aimster’s Guardian Tutorial,” which demonstrated how to transfer and copy
copyrighted works over the Aimster system using as illustrative on-screen examples some of the
copyrighted works of RIAA members. Second, Aimster’s service offered message boards on
which Aimster users wishing to download particular copyrighted recordings could seek the
assistance of others. In addition, users often posted messages on these boards openly discussing
trafficking in copyrighted material and “screwing” the RIAA.^1803 Finally, in November 2001,
Aimster launched a service called “Club Aimster,” which required a $4.95 monthly service fee,
for which users were given access to a list of “The Aimster Top-40,” a list of the 40 “hot new
releases” most frequently downloaded by Aimster users, virtually all of which were owned by
RIAA members. Each Aimster Top 40 selection included a Play button that a user could click to
automatically begin the copying and transfer of that particular song to the user’s computer
without the inconvenience of having to type in an Aimster search request. At one point, Aimster
changed it procedures to require all prospective users to join Club Aimster in order to be able to
download the Aimster client software.^1804
On May 24, 2001, various members of the RIAA responded to Aimster’s declaratory
judgment lawsuit by filing copyright infringement lawsuits against BuddyUSA and AbovePeer,
corporate entities that owned the Aimster software and file swapping service, and Johnny Deep,
CEO of Aimster, in federal court in Manhattan.^1805 On May 29, 2001, these lawsuits were stayed
by the court in Albany,^1806 although the stay was lifted on June 22.^1807 On June 27, seven major
motion picture studios also filed suit against Deep, BuddyUSA and AbovePeer alleging
copyright infringement based on the ability of the Aimster service to share copyrighted motion
pictures.^1808 In July 2001 various music publishers and songwriters joined the fray with their
own copyright infringement lawsuit filed in Manhattan.^1809 On Nov. 19, 2001, a multi-
jurisdictional panel of judges in San Diego ruled that the bevy of lawsuits against Aimster should
be tried in federal district court in Chicago as a convenient, central forum among all the various
parties.^1810
(^1803) Id. at 643-44, 650.
(^1804) Id. at 644-45.
(^1805) Id. at 646.
(^1806) Steven Bonisteel, “Aimster in Court Today to Fend Off Music-Industry Suits” (May 30, 2001), available as of
Jan. 6, 2002 at http://www.newsbytes.com/news/01/166250.html.
(^1807) Michael Bartlett, “Movie Studios Attack File-Swapping Service Aimster” (July 3, 2001), available as of Jan. 6,
2002 at http://www.newsbytes.com/news/01/167549.html.
(^1808) Id.
(^1809) “Aimster: Another Day, Another Lawsuit” (July 5, 2001), available as of Jan. 6, 2002 at
http://www.usatoday.com/life/cyber/tech/2001-07-05-aimster.htm.
(^1810) Kevin Featherly, “Judges Consolidate Aimster Suits – Correction” (Nov. 19, 2001), available as of Jan. 6, 2002
at http://www.newsbytes.com/news/01/172294.html.